IBC 201 — Registration of insolvency professional agency

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Every  application  for  registration  shall be  made  to  the  Board  in  such  form  and  manner,  containing  such  particulars,  and  accompanied  by  such fee, as may be specified by regulations:
Provided that every application received by the Board shall be acknowledged within seven days of its receipt.
(2)  On  receipt  of  the  application  under  sub-section  (1),  the  Board  may,  on  being  satisfied  that  the application  conforms  with  all  requirements  specified  under  sub-section  (1),  grant  a  certificate  of registration to the applicant or else, reject, by order, such application:
Provided that no order rejecting the application shall be made without giving an opportunity of being heard to the applicant:
Provided further that every order so made shall be communicated to the applicant within a period of fifteen days.
(3)  The  Board  may  issue  a  certificate  of  registration  to the  applicant  in  such  form  and  manner  and subject to such terms and conditions as may be specified.
(4)  The  Board  may  renew  the  certificate  of  registration  from  time  to  time  in  such  manner  and  on payment of such fee as may be specified.
(5) The Board may, by order, suspend or cancel the certificate of registration granted to an insolvency professional agency on any of the following grounds, namely:—
(a)  that  it  has  obtained  registration  by  making  a  false  statement  or  misrepresentation  or  by  any other unlawful means;
(b)  that  it  has  failed  to  comply  with  the  requirements  of  the  regulations  made  by  the  Board  or bye-laws made by the insolvency professional agency;
(c) that it  has  contravened any  of  the  provisions  of  the  Act  or  the  rules  or  the  regulations  made thereunder;
(d) on any other ground as may be specified by regulations:
Provided that no order shall be made under this sub-section unless the insolvency professional agency concerned has been given a reasonable opportunity of being heard:
Provided further that no such order shall be passed by any member except whole-time members of the Board.

Back to IBC